In 1–2 sentences, develop an argument to support the concept of judicial restraint in the Supreme Court’s decisions of Plessy v. Ferguson and the concept of judicial activism in the Supreme Court’s decision of Brown v. Board of Education.(2 points)
Judicial restraint was exemplified in the Supreme Court's decision of Plessy v. Ferguson as the Court upheld the constitutionality of racial segregation, deferring to the established precedent and giving deference to the legislature's authority in such matters. Conversely, in the case of Brown v. Board of Education, the concept of judicial activism was displayed as the Court actively interpreted the equal protection clause of the Fourteenth Amendment to strike down racial segregation in public schools, acknowledging the changing societal attitudes and using its power to effectuate social change.
One can argue that the concept of judicial restraint was evident in the Supreme Court's decision in Plessy v. Ferguson, as the Court upheld the constitutionality of racial segregation under the "separate but equal" doctrine, respecting the precedent set by previous Court decisions. On the other hand, the concept of judicial activism can be seen in the Supreme Court's decision in Brown v. Board of Education, where the Court actively overturned the precedent of Plessy, recognizing racial segregation as inherently unconstitutional and pushing for social change.
In the Supreme Court's decision of Plessy v. Ferguson, judicial restraint was evident as the Court upheld racial segregation, deferring to the existing laws and societal norms, while in the case of Brown v. Board of Education, judicial activism was displayed as the Court actively challenged segregation, recognizing the need for social change and equality.
